BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 555|
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UNFINISHED BUSINESS
Bill No: SB 555
Author: Karnette (D)
Amended: 8/26/99
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/20/99
AYES: Vasconcellos, Burton, Johnston, McPherson, Polanco,
Rainey
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 39-0, 5/24/99
AYES: Alarcon, Alpert, Baca, Bowen, Brulte, Burton,
Chesbro, Costa, Dunn, Escutia, Figueroa, Hayden, Hughes,
Johannessen, Johnson, Johnston, Karnette, Kelley, Knight,
Leslie, Lewis, McPherson, Monteith, Morrow, Mountjoy,
Murray, O'Connell, Ortiz, Peace, Perata, Polanco,
Poochigian, Rainey, Schiff, Sher, Solis, Speier,
Vasconcellos, Wright
NOT VOTING: Haynes
ASSEMBLY FLOOR : 71-0, 8/30/99
Roll Call Vote not available at time of writing
SUBJECT : Arson: registration of convicted arsonists
SOURCE : Attorney General
DIGEST : This bill reinstates the $5 million damages
provision for the crime of aggravated arson, which is arson
intended to cause damage to structures or great bodily
CONTINUED
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injury, and which causes over $5 million in damages, or was
committed by a recidivist arsonist. This provision of law
sunsetted on January 1, 1999.
This bill clarifies that defendants who are convicted of
aggravated arson are required to register with law
enforcement, as specified.
This bill shifts the duty to inform an arsonist of the
registration requirement from the court to the probation
officer, the State Department of Corrections or the
California Youth Authority.
This bill also clarifies that registration is a life-long
requirement for those convicted after the effective date of
AB 8X (Hoge), Chapter 11, First Extraordinary Session,
Statutes of 1993-94 (on or after November 30, 1994), and a
five-year duty for those convicted prior to that date (on
or after January 1, 1985, through November 29, 1994,
inclusive).
This bill removes inconsistencies and ambiguities in the
law by clearly stating that the duty to register for the
crime of arson that flows from a juvenile adjudication
expires at age 25, or until the record is sealed, whichever
comes first.
This bill requires law enforcement agencies to notify the
State Department of Justice (DOJ) by electronic
communication of a registrant's change of address.
This bill clarifies that one may be relieved of the duty to
register as an arsonist for a misdemeanor battery through a
motion to dismiss a complaint
following successful completion of probation.
Assembly Amendments (1) specify procedure for informing an
arsonist of registration requirement; (2) specify that a
juvenile's record may be sealed, thus eliminating
requirement to register, and (3) clarify registration dates
regarding AB 8X..
ANALYSIS : Existing law provides that persons who have
been convicted of "arson", as defined in Penal Code
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Sections 451 and 453, or discharged/paroled from the
California Youth Authority "for the commission" of such
offense, must register with local law enforcement. (Penal
Code 457.1)
Existing law provides that the duty to register is a
lifetime requirement, except that persons who were
convicted of arson for the first time prior to 1995 are
required to register for five years. (West's Annot. Penal
Code 457.1, statute text and history)
Existing law provides that persons who must register
because of a juvenile adjudication must register for ten
years, except that those persons required to register
because of a juvenile adjudication prior to 1995, must
register until age 25. (West's Annot. Penal Code 457.1,
statute text and history)
Existing law provides that failure to register as an
arsonist is a misdemeanor, punishable by up to six months
in the county jail, with a mandatory 90-day minimum
sentence, and a one-year maximum sentence, for a willful
violation. (Penal Code 457.1, subd. (i).)
Existing law appears to allow a very limited opportunity
for relief from the duty to register upon the granting of a
certificate of rehabilitation and a pardon by the Governor,
but is not clear as to the ability of a misdemeanant who
was not granted probation to obtain relief from the
registration duty. (Penal Code 457, subd. (m).)
Existing law provides that persons convicted of specified
sex offenses are required to register with the local law
enforcement in any city in which they temporarily or
permanently reside. (Penal Code 290)
Existing law provides that persons convicted of specified
controlled substance offenses are required to register with
the chief of police of any city in which they temporarily
or permanently reside. (Health and Safety Code 11590, et
seq.)
This bill would reinstate the dollar limits (for
calculating arson damages) in the statute imposing
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increased penalties for "aggravated arson" -- a form of
arson intended to cause great bodily injury or damage to
structures and which involves in excess of $5 million in
damages, or where the defendant has been previously
convicted of arson, as the provision imposing higher
penalties for $5 million or more in damage was
inadvertently allowed to expire through a January 1, 1999
sunset clause. These provisions would sunset on January 1,
2005.
This bill would clarify that the requirement that those
convicted of attempted arson register includes, but is not
limited to, those convicted of a violation of Section 455,
the specific attempted arson statute, and not just those
convicted under the general attempt statute (Penal Code
664/451).
This bill, as with the comparable sex offender registration
provisions, would simply require CDC, CYA, or the probation
officer to inform an arsonist that he or she must register
with law enforcement.
This bill requires the probation officer to have the
individual, upon release, sign a form stating that he/she
has been informed bout the requirement to register. The
probation officer would be required to give one copy of the
person, one copy to the law enforcement agency having
jurisdiction where the person expects to reside, one copy
to the prosecuting agency included with the case, one copy
to the local fire agency where the person expects to reside
and the probation officer would keep a copy.
This bill clarifies that the registration requirement is a
lifetime requirement for those convicted after the
operative date of AB 8X (Hoge, Chapter 11, First
Extraordinary Session, 1993-1994)
This bill clarifies that persons convicted of arsons
requiring registration before the operative date of AB 8X
are subject to the five-year registration period in prior
law, and not to the lifetime provisions of AB 8X. This
bill further clarifies that the five-year registration
period imposed under prior law ends five years from their
date of discharge or parole.
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This bill specifies that for juvenile adjudications, the
duty to register under this section will terminate when the
offender reaches the age of 25 years, or until the record
is sealed, whichever occurs first.
This bill clarifies that a person who is required to
register because of a misdemeanor conviction (for
possession or manufacture of combustible material) is
relieved from the duty to register after successful
completion of probation and a judicial order relieving the
person of penalties and disabilities pursuant to Penal Code
Section 1203.4.
Prior Legislation
AB 8X (Hoge), 8/23/94, 34-0; Chapter 11, First
Extraordinary Session, 1993-94
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
Fiscal Impact (in thousands)
Major Provisions 1999-2000
2000-01 2001-02 Fund
Registration Potential unknown, probably not
substantialLocal
increased mandated, nonreimbursable costs
to law enforcement agencies
CDC/CYA Minor, absorbable increased costsGeneral
Misdemeanor Potential unknown increased, mandated,Local
nonreimbursable costs for county jail and
probation
Courts Minor, absorbable, if any, increased
costsSpecial*
*Trial Court Trust Fund
SUPPORT : (Verified 8/30/99)
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Attorney General (source)
California Peace Chiefs' Association
California Peace Officers' Association
Doris Tate Crime Victims Bureau
California Professional Firefighters
ARGUMENTS IN SUPPORT : The Attorney General, the sponsor
of this bill, explains:
The State Department of Justice has experienced problems
interpreting unclear portions of the arson registration
law. These problems make it difficult for Deputy Attorneys
General to respond to questions from district attorneys and
local law enforcement regarding the requirements of the
statute. Clean-up legislation is needed to clarify the
statute and to more closely conform it to the sex
registration requirements of Penal Code Section 290. In
addition, a provision in the code dealing with "aggravated
arson" (Penal Code 451.5) has been inadvertently allowed
to sunset. Aggravated arsons are those which are intended
to cause great bodily injury or damage to structures, and
which cause more than $5 million, or were committed by a
recidivist arsonist. This provision should be restored.
In response to a number of high profile arson fires in the
Los Angeles area, AB 8X (Hoge, Chapter 11, First
Extraordinary Session, 1993-1994.) was passed as urgency
legislation in September 1994. The primary purpose of this
measure was to make arson registration a lifetime
requirement for those convicted of certain arson offenses.
Previously, registration was required only for certain
arsonists such as repeat offenders, and then only for a
five-year period.
Currently there is a conflict within the statute as a 10
year registration period is specified for juvenile
adjudications, but elsewhere records of registration are
required to be destroyed at age 25, which is the age when
juvenile court jurisdiction ceases. Thus, in some
circumstances if a juvenile was 16 or 17 registration
requirements could continue after records are required to
be destroyed. It is much simpler to require that
registration continue until age 25 and then records are
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destroyed at the same time the registration requirement
ceases.
RJG:kb 8/30/99 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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